Crl. Misc. No.524/2023
KABC010016472023
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 25 th day of January, 2023
-: PRESENT :Sri R.RAVI, B.Sc., LL.B.,
LXI Addl. City Civil & Sessions Judge,
Bangalore, (CCH-62)
CRL. MISC. No.524/2023
Petitioner/s
:
1
Raghu @ Dio Raghu
S/o.Murthy
Aged about 24 years
R/a.Near Ganapathi Temple
1st Main Road, Hegganahalli Cross,
Peenya 2nd Stage,
Bengaluru.
(Accused No.1 in JC)
(By Sri.Narayanaswamy.A.B.,
Advocate)
V/s
Respondent
:
State by Rajagopalanagar P.S.,
Bengaluru City
Crl. Misc. No.524/2023
Rep. by Public Prosecutor, City
Civil Court Complex, Bengaluru.
ORDER ON BAIL APPLICATION ONE FILED BY THE
PETITIONERS UNDER SECTION 439 OF Cr.P.C.
The case of the petitioner is that he is innocent of the
alleged offences and and he was not aware of the incident
taken place and he never involved in the instant case and he
has not committed any offences and he is neither directly nor
indirectly involved in the instant case and the respondent
police have foisted false case against him only for statistical
purpose and he was earlier granted bail by this Court on
15.06.2017 and was regularly appearing before the court and
on the previous hearing dates he was out of station and due
to his non presence the Court had issued NBW against him &
secured on NBW and he is in judicial custody since from 3½
months and he is only sole bread earner in his family and his
family members are depending upon him for their livelihood
and the alleged offences are not punishable with death or
imprisonment for life and he has no bad antecedents and he
is permanent resident of the address as mentioned in the
cause title of the petition and he is ready and willing to abide
by the terms and conditions that may be imposed by the
court and he is also
ready to furnish surety to the
satisfaction of the court and and since the respondent police
have registered a case in SC No.557/2017 (Cr. No.1127/2016)
for the offences punishable under Section 399, 402 of IPC
Crl. Misc. No.524/2023
then he prayed for allowing the above application.

2. On the other hand the learned Public Prosecutor has
filed his objections & opposed the above application that the
grounds urged for seeking bail are not satisfactory & the
materials
placed
on
record
prima-facie
discloses
the
involvement of the petitioner in commission of the alleged
offences and now at this stage if the petitioner is granted bail
then he may abscond & tamper the prosecution witnesses
which in turn may hamper the trial & accordingly prayed for
rejection of the bail petition.

3. I have heard the arguments of both sides & the points
that would arise for my consideration are as here under;
1) Whether the petitioner has made
out a prima-facie case for grant of bail
as prayed in the bail petition?
2) To what Order?

4. My findings on the above points are as follows:Point No.1 – In affirmative
Point No.2 – As per final Order, for the following;
Crl. Misc. No.524/2023
R E A SON S
5.

Point No.1:- On perusal of the FIR, complaint &
charge sheet it is alleged against the petitioner that he &
other accused persons on 26.12.2016 at about 11.00 a.m.,
had assembled at a vacant place near Basappana Katte
Gutter by holding deadly weapons and were hatching a plan
to commit dacoity of general public who passes there and
thereby committed the alleged offences punishable under
section 399 and 402 of IPC.

6. Now, it is the contention of the petitioner that he is
innocent and he has not committed any offences as alleged
either directly or indirectly and a false case has been
registered against him by the respondent police only for
statistical purpose.

7. On the other hand though the prosecution has
opposed the case of the petitioner that if the petitioner is
granted
bail
then
he
may
abscond
and
tamper
the
prosecution witnesses is concerned, the same do not hold any
water as admittedly
the petitioner was earlier granted bail
and on the previous hearing date as he was out of station he
was unable to appear before the court and NBW was issued
against him & he was secured on NBW & he is in judicial
custody since from 3 ½ months.

Crl. Misc. No.524/2023
8.

And
even
otherwise
since
the
petitioner
has
contended that he was granted bail in SC No.557/2017 by
this Court on 15.06.2018 and he was out of station and was
not appeared before the Court and NBW was issued against
him and since then he is in judicial custody & since the
alleged offences of
399 and 402 of IPC are not at all
punishable with death or life imprisonment and since the
alleged offences against the petitioner has to be decided
through a thorough trial and since the apprehension of the
prosecution could be met by imposing stringent conditions
then looking into the nature and gravity of the alleged
offences, I am of the considered opinion that the petitioner
has made out a prima-facie case for grant of bail subject to
conditions and accordingly, I have answered the above point
No.1 in affirmative.

9.

Point No.2 :- In view of the discussion made on
point No.1 and further holding it in the affirmative, I proceed
to pass the following:O R DE R
The bail petition filed by the petitioner
u/s 439 of Cr.P.C., is hereby allowed subject
to following conditions;
1. That the petitioner is ordered to be
released on bail in SC No.557/2017 (Cr.

Crl. Misc. No.524/2023
No.1127/2016)
of the respondent police
station on executing a personal bond for
Rs.1,00,000/- with one surety for like sum
amount.
2. That the petitioner shall not hold any
threat to the complainant and shall not
tamper with any of the prosecution witnesses
directly or indirectly.
3. That the petitioner shall not leave the
jurisdiction of the trial court without prior
permission.
4. That the petitioner shall furnish his
residential address proof and that of his
surety.
5. That the petitioner shall not indulge in
similar type of offence in future.
6. That if the petitioner fails to obey any
of the above said conditions, then this bail
order automatically stands cancelled.
(Dictated to the Stenographer directly on the computer typer by her, corrected, signed and then
pronounced by me in the open Court on this the 25th day of January, 2023).

(R.RAVI)
LXI ACC & SJ, B’luru
R RAVI
Digitally signed by R RAVI
Date: 2023.01.27 11:50:10
+0530
Crl. Misc. No.524/2023
25.01.2023
P-NAB
R-PP
Order
Order pronounced in open Court (vide separate
order) with the following operative portion:ORDER
The bail petition filed by the
petitioner
u/s
439
of
Cr.P.C.,
is
hereby allowed subject to following
conditions;
1. That the petitioner is ordered
to
be
released
on
bail
in
SC
No.557/2017 (Cr. No.1127/2016) of
the
respondent
executing
a
police
personal
station
on
bond
for
Rs.1,00,000/- with one surety for like
sum amount.
2. That the petitioner shall not
hold any threat to the complainant and
shall not tamper with any of the
prosecution
witnesses
directly
or
indirectly.
3. That the petitioner shall not
leave the jurisdiction of the trial court
without prior permission.

Crl. Misc. No.524/2023
4.

That
the
petitioner
shall
furnish his residential address proof
and that of his surety.
5. That the petitioner shall not
indulge in similar type of offence in
future.

6. That if the petitioner fails to
obey any of the above said conditions,
then this bail order automatically
stands cancelled.

(R.RAVI)
LXI ACC & SJ, B’luru
Crl. Misc. No.524/2023
Crl. Misc. No.524/2023
Crl. Misc. No.524/2023